| Matter of Antoinne T. (April T.) |
| 2011 NY Slip Op 02888 [83 AD3d 721] |
| April 5, 2011 |
| Appellate Division, Second Department |
| In the Matter of Antoinne T. Suffolk County Department of SocialServices, Respondent; April T., Appellant. |
—[*1] Christine Malafi, County Attorney, Central Islip, N.Y. (Samantha N. McEachim of counsel),for respondent. Francine H. Moss, Ronkonkoma, N.Y., Attorney for the Child.
In a proceeding pursuant to Social Services Law § 384-b to terminate the mother'sparental rights on the ground of abandonment, the mother appeals from an order of disposition ofthe Family Court, Suffolk County (Whelan, J.), dated May 14, 2010, which, after a violationhearing, revoked an order entitled "Findings of Fact, Conclusions of Law, and Order ofDisposition-Suspended Judgment" of the same court dated July 1, 2009, upon a determinationthat she violated the terms and conditions thereof, terminated her parental rights, and transferredthe custody and guardianship of the subject child to the Suffolk County Department of SocialServices for the purpose of adoption.
Ordered that the order of disposition is affirmed, without costs or disbursements.
This proceeding was commenced pursuant to Social Services Law § 384-b to terminatethe mother's parental rights on the ground of abandonment. After a fact-finding hearing, theFamily Court determined that the mother abandoned the subject child. After a dispositionalhearing, the Family Court determined that the best interests of the child required a dispositionsuspending judgment and it issued an order entitled "Findings of Fact, Conclusions of Law, andOrder of Disposition-Suspended Judgment" dated July 1, 2009.
Thereafter, a petition was filed alleging that the mother violated the terms and conditions ofthe order dated July 1, 2009, and the Family Court held a violation hearing. Upon determiningthat the mother violated the terms and conditions of the order dated July 1, 2009, the FamilyCourt revoked that order, terminated the mother's parental rights with respect to the subject child,and transferred the custody and guardianship of the subject child to the Suffolk CountyDepartment of Social Services for the purpose of adoption.
The order dated July 1, 2009, was properly revoked since the petitioner demonstrated at theviolation hearing that the mother violated its terms and conditions (see Matter of Darren V., 61 AD3d986 [2009]; Matter of MichaelPhillip T., 44 AD3d 1062 [2007]; Matter of Ricky Joseph V., 24 AD3d 683, 684 [2005]; Matter of Aaron S., 15 AD3d 585,586 [2005]; accord Family Ct Act § 633 [f]).[*2]
Contrary to the mother's contention, under thecircumstances, the Family Court providently exercised its discretion in determining that aseparate dispositional hearing was not required before terminating the mother's parental rights(see Matter of Robert A.G., 62AD3d 701 [2009]; Matter ofMiguel K., 1 AD3d 438, 439 [2003]; Matter of Shawn P. [Endell P.], 1 AD3d519 [2003]; Matter of Tashara B., 299 AD2d 356 [2002]; Matter of Alex MM.,260 AD2d 675 [1999]; see also Matter of Darren V., 61 AD3d at 988). Accordingly, theFamily Court properly terminated the mother's parental rights with respect to the subject childand transferred the custody and guardianship of the subject child to the Suffolk CountyDepartment of Social Services for the purpose of adoption. Skelos, J.P., Leventhal, Austin andMiller, JJ., concur.